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Nelson wins heated battle for Supreme Court seat

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HELENA -- Incumbent Justice Jim Nelson held onto his seat on the state's top court and State Solicitor Brian Morris won his bid over Missoula District Judge Ed McLean, election results showed Tuesday.

Nelson captured 54 percent of the vote compared with 46 percent for Younkin, election results show.

''I'm just tickled to death," Nelson said. "I'm thankful to the many voters who voted for me and all the people who worked so hard on my campaign."

Younkin said the loss was due to a glut of money from Montana trial lawyers -- a sentiment Nelson described as "sour grapes."

"It's shameful," she said at a somber election night party in Helena.

The Associated Press declared Nelson the winner late Tuesday night.

Nelson was criticized as an "activist" judge too eager to make law, not merely interpret it. Younkin critics said she didn't have the legal background to sit on the state's top court and would bring her pro-businesses, Republican politics to the Supreme Court.

Nelson, 60, has served on the top court since 1993 when he was first appointed by Gov. Marc Racicot. Prior to that he was a longtime Cut Bank attorney and served as Glacier County attorney for 14 years, running as a Democrat. He and his wife, Chari, have two grown children and three grandchildren.

Younkin, 46, is a Republican lawmaker from Bozeman, where she is a water rights and property lawyer. Younkin has served in the state House of Representatives since 1999. She and her husband Terry Koral, have no children, but often served as foster parents.

In the other contested judicial race, Morris was declared the winner in against McLean, with 56 percent of the vote compared to McLean's 44 percent.

"I'm very happy with the outcome and very humbled by the support of people across Montana," Morris said. He also congratulated McLean for running a clean campaign.

McLean could not be reached for comment at press time

Morris, 41, is the current state solicitor. A Butte native, Morris attended Stanford University on a full ride football scholarship and returned for law school. He has twice served as lawyer in international courts representing U.S. businesses and clerked for U.S. Supreme Court Chief Justice William Rehnquist.

McLean, 58, is a current Missoula District judge and long time deputy Missoula County attorney. An Anaconda native, McLean graduated from the University of Montana Law School in 1973 and went to work as a deputy county the same year. He has been a Missoula County judge since 1988.

The two were shooting for an open seat left by the retiring Justice Jim Regnier, who is not seeking re-election.

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